joining us now, two guests, v victoria tunsing and a harvard law professor. why is new york a better place to try him than guantanamo bay? >> our constitution sets out a procedure for trying criminals. this is the procedure. he dets trial by jury, he gets a lawyer. he is a combatant. he's also a criminal. he's a terrorist. he's an unlawful combatant. the executive has the power to choose whether to treat him as a combatant and put him in front of a military tribunal or simply detain him until the war is over, whatever that would mean in the context of war against terrorism. but he's a criminal who conspired to till americans. they have the option of giving him our full due process rights, putting him on trial, let the public visibly and transparently see how we treat people who attack america. let him either be convicted or acquitted. that's the way our justice system operates. we should be proud of it. >> victoria, you disagree? >> absolutely. this is a political decision. to try him in a federal courtroom in new york is disconsistent with this administratio